use, fox 5's bob barnard here with the late breaking developments. >> there's late word tonight several countries in the middle east are poised to offer asylum to syrian president bashar assad and his family if they agree to lead the country, this as world leaders including president obama are warn ing assad not to engage in chemical warfare. turkish officials have said they believe syria has 700 missiles, some of them long range. syria has not confirmed it has chemical weapons insisting it would never use anything like that against its own people. in the latest fighting rebels are said to be battling government troops near assad's headquarters in damascus. seran is the same gas used in the 1995 terrorist attacks in the tokyo metro system. the united states has warned syria using chemical weapons would trigger greater western intervention in this civil war

there. also making news this evening witnesses are explaining why no one pulled a man to safety after he was thrown in front of an oncoming train in new york monday. aen is in that subway murder is now -- a suspect in that subway murder is now in custody. >> police managed to catch the suspect after reviewing surveillance video from businesses near the subway station and saw him speaking with street vendors right after that subway push of investigators originally put out information to us the suspect had dreadlocks, but police think he may have shaved his head to avoid arrest. you'll see that. we're also learning what may have sparked the argument leading to that deadly push. 30-year-old naeem davis brought to nypd headquarters charged with second degree murder. police say the homeless man admits to being in the time square subway station with ki- suck han when he was pushed onto the tracks in the path of an oncoming subway train. witnesses picked him out of a

lineup as the man in this surveillance video who pushed the 58-year-old father from queens. his wife spoke in korean at the family church, their daughter also on hand. translator: our family is grieving now, but we want to thank everyone who has reached out to us and offered their help. we are suffering in sorrow, but we have the support of family, friends and our church to help us through this time. >> the family immigrated to the u.s. 25 years ago seeking the american dream. mrs. han became disabled several years ago and the family lost their business. he was unemployed when he was killed. >> my dad was never the person who would hesitate to not help anyone else. so he was always there for someone if they need help. >> unfortunately for mr. han, no one came to his aid until it was too late. the freelance photographer snapped this final photo

telling reporters he was too weak to help him up and was using his flash to warn the train operator. what about everyone else? some say they were just in shock. >> there's more confusion than anything, not really knowing what's going on, the middle of times square you see commotion. you don't know what to do. >> another witness aaron washington snapped a photo plaintiff han. >> i'm not too proud to say i took a picture without lending to help a hand. >> a funeral is set for thursday for ki-suck han. police say mr. han had a bottle of vodka when he was killed. as best they could tell, the homeless man was boring people on the platform. mr. han confronted -- bothering people on the platform. mr. han confronted him, told him to stop it. that's when the argument broke out and mr. han was killed. somebody targeting subway restaurants for robberies. detectives in montgomery county are working on several holdups at subway sandwich shops, the most recent the 800 block of

muddy branch road in gaithersburg. >> this is actually the fifth robbery of a subway restaurant that has been reported to us in the last month. in fact, this particular business was robbed on december 2nd and there were two incidents that occurred at one of the subways in germantown and then another location in gaithersburg. >> so far detectives have not said for sure the cases are linked. two locations have been hit twice. how far can you go making negative comments about businesses in online reviews? a fairfax woman who lashed out at her contractor is finding out after being sued over a yelp post. fox 5's karen gray houston in the web center now with the story. >> christopher dietz says the worst of his nightmare occurred when he posted reviews on yelp and angie's list and he says that those reviews said that his renovations damaged her home and they also accused him of stealing her jewelry.

now if you look, there are still some reviews of his company dietz development right here on yelp. they are posted by other people, but dietz says that the one posted by jane perez was slander and he won a partial victory today in fairfax circuit court. jane perez lives in this townhouse seen here on mary crest street in fairfax. according to the lawsuit filed by chris dietz, she hired him to do some painting, refinish some floors, electrical plumbing, other handyman work at her home. dietz took her to court when she claimed in reviews on yelp and angie's list that the work was shoddy and some of her jewelry was missing. the judge ruled in favor of a preliminary injunction requiring that any allegations of criminal activity be removed and that her claim she had won a previous civil suit against him be edited. deet says he feels vindicated because -- dietz says he feels vindicated because her accusations were untrue and i

says she never paid for any -- he says she n paid for any of the work. >> you can't just slander somebody and expect to get away with it. i hope it encourages other individuals or businesses who are hurt by somebody's defamatory comments online to stand up for what's right. >> the posting of the review is a bell that can't be unrung and, in fact, losing customers and losing clients because of an untruthful statement can be very damaging. >> reporter: the attorney for jane perez says today's ruling let most of the content of his client's review stand. he tells the washington post he thinks the lawsuit was brought to silence her from airing valuable consumer information and yelp meanwhile has pulled the information. deadlock, that's how people on capitol hill are describing the talks to avoid the fiscal cliff. president obama and john boehner did speak on the issue today, but the results of that conversation not public. the white house has now asked federal agencies to plan for

more than $100 billion in cuts. that's what happens if the issue is not resolved by december 31st. >> we've got to cut spending and i believe it's appropriate to put revenues on the table. >> let's allow higher rates to go up for the top 2%. that includes all of you, yes? >> president obama speaking to business leaders when he made that comment today at the white house. insists he will veto any bill that does not include tax increases on wealthier americans. coming up an online shopping horror story, a maryland woman's story may convince you to read the fine print. >> last night we were around 60 degrees most places at this hour. tonight we're some 20 degrees colder than that. i'll let you know how low it gets overnight and if we'll see more warm air on the horizon, but get ready for a chilly overnight. the rest of the forecast is coming up on the news edge at 11:00. >> this is fox 5 news edge at 11:00.  you won't take my l life.

you won't take our future. aids affects us all. even babies. chevron is working to stop mother-to-child transmission. our employees and their families are part of the fight. and we're winning. at chevron nigeria, we haven't had a reported case in 12 years.

aids is strong. aids is strong. but we are stronger. and aids... ♪ aids is going to lose. aids is going to lose. ♪ more people are shopping online than ever before. amazon is a popular website for buying almost anything, but with all the third-party merchants it's hard to know who you're buying from, who you can trust, the lesson that a maryland woman learned the hard way. laura evans has this consumer alert. >> reporter: francesca tomami wanted to buy a nintendo game player for her son's birthday, so she turned to amazon. she bought the ds from

worldwide distributors, a seller on amazon because it had high user satisfaction ratings. the ds arrived and all was well until a month later when it suddenly stopped working. she called worldwide distributors and they told her to call nintendo. >> i called nintendo and they said we don't recognize the serial number. this is either a counterfeit product or a product that was made in a foreign country and intended only for foreign distribution. >> reporter: turns out she says it was the latter, foreign made, not meant for sale in the united states. tomami called amazon citing their a to z guarantee protection policy but got nowhere. >> because i hadn't reported the problem to the seller within 14 days i was not covered by the a to z guarantee. >> reporter: remember the product broke the 31st day she had it. so she called worldwide distributors back again and she said this time they admitted the product was, in fact are made for foreign sale and -- in fact, made for foreign sale and

agreed to give her a full refund. she posted negative feedback on the seller and then she got a phone call from worldwide distributors. >> the seller told me because i returned the product after 30 days, they would normally charge a stocking fee, but if i removed my negative feedback, i would not be charged the fee. i was lined up to do all my christmas shopping on amazon because that's what i've done the past couple years and i will not get on amazon. >> reporter: dave carroll, customer service expert and co- founder of gripevine.com says amazon should be listening. >> it's their responsibility to really consider who is selling and using their brand as part of it because at end of the day amazon's brand will wear this, not this third-party seller. >> reporter: we called worldwide distributors and they did not want our conversation recorded. i explained the situation to the supervisor and she said, "i don't know where you're getting

your information. you have no idea what you're talking about." she also said they did not misrepresent the item sold to amazon. laura evans, fox 5 news. >> an amazon spokesperson told us we appreciate the information. under amazon policy we can't comment on individual sellers or buyers, but we will look into this. starbucks has the ultimate gift for the coffee lover. >> and there's a new way to watch disney movies, shawn yancy with your fox 5 top five. >> up first tonight, brian, the perfect holiday gift for the serious coffee drinker in your life. no. 5, starbucks is offering a limited etched steel gift card. the $450 card includes gold level benefits like gifts and freebies, refills on brewed coffee and tea. starbucks will only make 5,000 of these special cards and you can only buy them on the website guilt.com starting friday. no. 4, netflix is teaming up with disney giving the movie service exclusive rights to run

disney's movies first. the deal will cost the company more than $300 million a year. no. 3, a heads up to parents if you have a nap nanny or nap nanny chill infant recliner. the consumer product safety commission filed a complaint against the company saying five infants have died due to defects in the design, warnings and instructions of the second generation of both devices. no. 2, the coating on aspirin may block the benefits of taking the medicine. it's shown to help prevent heart attacks and strokes but a new study shows the interfered with how some people processed the pain reliever. the coating is supposed to protect the stomach from being irritated. no. 1, capital. and socialism top the list of the most looked up words of 2012. traffic for the two words nearly doubled on the dictionary's website this year. other election-related words made the list including democracy, bigot and marlakey.

that's a look at tonight's fox 5 top five. fox 5 needs your help once again. our annual stuff a truck food drive is this friday, trying to fill an spire truck worth of food for the area's -- intine truck worth of food for the area's -- fill an entire truck worth of food for the area's hungry. usually the coldest day of the year, stuff a truck day. >> i was thinking about that as you were reading that, brian. i don't think it will be the coldest day this year and last year wasn't too bad either. we'll have a cold one tomorrow and rebound heading into the weekend. live look outside. it's going to be crisp. i would not say it will be terribly cold, but it's definitely going to be a lot chillier than last night. we'll continue to see temperatures dropping under mostly clear skies. some high thin clouds are passing through now. i think they'll break up a little later. i wanted to show you a couple contrasts, our high today 63 degrees just past midnight last

night. so we definitely mostly stayed in the 50s and we'll have a chilly one tomorrow. i wanted you to see out to our west the next surge of warm air is starting to show up, modified a little, but national was 64 degrees today, st. louis 54, dallas 66 degrees, even lincoln, nebraska, 60. so that little spike of warmer air willing moving back in our direction as early as saturday. tonight mostly in the 30s, 36 gaithersburg, frederick 34 degrees, 33 hagerstown, 34 winchester and 42 degrees right here in the district. it will be a cold overnight. we'll be headed for the 20s and 30s, clear skies, mostly the suburbs down into the 20s, but the frontal boundary that brought us the early morning showers has moved down to our south and it's an area of high pressure building in now, a little cloud cover as mentioned

here. that's going to not do much to keep us warm and this is where we expect to bottom out tonight, about 28 for frederick, 29 for gabe, 34 for baltimore, 29 for culpeper. showers with the frontal boundary down to our south. this little deck of clouds won't be along much longer, but it's passing through now. a nice sunny day tomorrow as high pressure builds in across much of the region. we'll have more clouds around friday and saturday, but for tomorrow with the high pressure pretty much overhead it looks like full sunshine and again a chilly day, first day this month really that's been below average. on friday our high pressure system slips off the coast. we clowe up a little more. there will be a frontal boundary getting a little closer. it might spread showers into the ohio valley. i would say there's a slight chance we see some sprinkles or maybe even a light shower here and there for us friday, but mostly it's going to be a dry

pattern. tomorrow will be wall to wall sunshine is how it's looking. you can see friday we clowe up a little bit. as the warmer air tries to come into town, sometimes it touches off a couple sprinkles or light showers. we could see that around friday and maybe spotty for the weekend as well. so the tradeoff on your fox 5 accuweather seven-day forecast is we warm up for the weekend, but we also lose a little sunshine. we'll have some clouds around saturday, temperature 61 degrees. jumping ahead this sunday, could be a spotty shower 58. monday it looks like there could be some strong thunderstorms roaming around the southeast. we might see a thunderstorm here with our temperature at 62 degrees. so flashing back to spring, right? tuesday 54 degrees and cooler, wednesday chillier at 51 degrees. that's your seven-day forecast. we'll send it over to scott smith now for an update on sports. this is the verizon sports desk with scott smith. >> the skins lost the last two against the ravens. ray lewis and terrell suggs a

big reason why. the duo racked up 28 tackles and two sacks. lewis is still out with a tricep tear, suggs a game time decision with a bicep tear. the redskins have their tone list of banged up bodies. london fletcher sat out practice today with an ankle injury. trent williams continues to nurse a deep thigh bruce and d'angelo hall has a boot. backup quarterback cedric griffin tested positive for adderall, a banned substance by the nfl that boosts concentration for those with add and adhd. >> absolutely disappointed, but like i said, nothing i can do about it. i can't sit there with him or anybody else in the locker room just like nobody else can. he'll probably have to deal with those consequences. >> as for robert griffin, iii, a piece of him is already off to canton in the pro football

hall of fame. rg3 broke the nfl rookie quarterback rushing record monday night surpassing cam new ton. he now has 714 rushing yards on the season. enter exhibit a, yes, in the plastic baggy, griffin's game jersey and clipts for display in canton. -- cleats for display in canton. >> it's awesome. everyone want to be in the hall of fame, so we're in there, but got a long career preferably and this is only the first step. so it's an honor to have my jersey and my cleats over there. they're very dirty, in the hall of fame. >> and this was last night. gimp on hand for the wizards -- griffin on hand for the wizards/heat at the verizon center. it's the griffin effect, people. many say his presence helped pull off the victory. >> what can you say? those guys are the ones that

played. i didn't play the game. even coach said i can't be going over there rubbing off using my magic on those guys when we need it for us. so it is what it is. it was fun to be there and i'm glad they won. coming up the terps try to match their longest winning streak in five years. that's next.  [ female announcer ] for those who love sweets, your season is here.

let's just call it the baking time of year. you need special ingredients. you need the staples. that's a given. you need safeway sugar for just $1.97. and that magic thing that makes everyone want another -- only $2.99 for land o'lakes butter. and when hands get messy, quite surely they'll say, "yum! wow! yay! what a sweeter holiday." safeway. ingredients for life.

they'll say, "yum! wow! yay! because we know how much you do to make the holidays just right. from ornaments to ottomans, memories are made with ikea.

former nats reliever sean burnett is moving west. he spent three plus seasons with the nationals, a 2.38 e.r.a. last season but was not said to be a fit financially or termswise by the gm mike rizzo. college hoops, jake layman goes in for the jam and it's a slam dunk, lehman with 10 points tonight. later another freshman, seth allen. gets the rebound, up court and he sees his man, nice lefty bounce past to dez wells and dez wells up ended, kind of a scary moment, but wells pops back up and part of an antwon play, terps just playing with the hawks tonight. nick faust for the alley-oop, maryland a blowout, 100-68. next up south carolina state saturday.

virginia hosting tennessee. 1st half kevin jones drives, nifty pass underneath, for the easy buckets, cavaliers by 10. jones very much excited and has every reason to be. 2nd half joe harris inside, mitchell twisting lay-in. mitchell and harris led the cavs with 13 points. virginia defeats tennessee 46- 38 to improve to 7-2. finally the nhl and players association met and exchanged proposals today. commissioner gary bettman says he's pleased with the process. we are now in month three of the lockout. brian is back to wrap up the edge right after this. hi. wire the cantrells -- hi. we're the cantrells from spain. we'd like to wish our family in washington d.c. a very merry christmas. merry christmas, guys, we miss you. hi, gran. welcome to chevy's year-end event.

so, the 5.3-liter v-8 silverado can tow up to 9,600 pounds? 315 horsepower. what's that in reindeer power? [ laughing ] [ stops laughing ] [ male announcer ] chevy's giving more. this holiday season, trade up to get the 2012 chevy silverado all-star edition for 0% apr financing for 60 months plus $2,000 cash allowance or get a total value of $9,000.

>> you don't know me. my name is jay. what's your name? >> helen. >> 67-year-old helen grossman had no idea who jay-z was.

now the video is going viral. have great nye. >> fox 5 news isn't over go. -- night. >> fox 5 news isn't over go. to www.myfoxdc.com for news, weather and entertainment updates. fox 5 news is washington's best news on air and online at www.myfoxdc.com brought to you by verizon 4g lte. aids affects us all. even babies. d transmission. our employees and their families are part of the fight. and we're winning. at chevron nigeria, we haven't had a reported case in 12 years. aids is strong. aids is strong. but we are stronger. and aids... ♪ aids is going to lose. aids is going to lose. ♪